The Maryland State Ethics Commission earlier this month said it would prefer the Town of Chevy Chase require future write-in council candidates make their candidacy known before an election.
But in reviewing two sets of proposed amendments to the town’s ethics rules—one that would require a write-in candidate to file a financial disclosure statement at least seven days before an election and the other that would require a write-in candidate to file within seven days after the election—the ethics commission determined that the filing requirement after an election also satisfies state law.
The five-member commission reviewed the competing proposals from the town during its Dec. 17 meeting in Annapolis, during which town officials and residents were present.
In May of this year, a secretive campaign for write-in candidate Fred Cecere ousted town council incumbent Pat Burda, sparking months of tension-filled council meetings and accusations that two members of the council seen as political opponents to Burda played a role in Cecere’s campaign.
On Jan. 13, the town council will hold a public hearing on which of the two proposed amendments to enact. The town council could vote on the issue on the same night.
In a letter sent to the town last week, State Ethics Commission attorney Jennifer Allgair wrote that the commission got numerous written comments from town residents in support and opposition of both potential amendments.
The commission also reviewed information from the May 2015 election that started the controversy in the town of just more than 2,800 residents.
“The State Ethics Commission approved the proposed amendments in both drafts submitted by the Town of Chevy Chase as being at least equivalent to State law for local elected officials and candidates,” Allgair wrote.
The town’s current election laws don’t require a write-in candidate to file a certificate of candidacy or nominating petition before the election. During its review of the May election, the ethics commission found that because there is no requirement to file a certificate of candidacy in advance, a write-in candidate shouldn’t be required to file a financial disclosure statement.
The financial disclosure question became the focus of the debate over Cecere’s candidacy after Al Lang—a council member who frequently clashed with Burda—submitted a financial disclosure document on behalf of Cecere about an hour before the polls closed in May.
While determining that either new approach would be legal, the State Ethics Commission “expressed a preference” for the amendment that would require a write-in candidate file a financial disclosure form seven days before an election. That amendment could also require requiring a write-in candidate to file a certificate of candidacy before an election.
“At the meeting, the Commission members advised that the December 2015 amendments [requiring a filing seven days before an election] provided citizens with a better opportunity to evaluate the suitability of a candidate for elected office in advance of an election and promoted more transparency for the Town’s citizens,” Allgair wrote.
